Smyrna Car Accidents
Smyrna, which was recently voted one of the best cities in which to live in the country, offers proximity to Nashville in a suburban, family-friendly environment. It is one of the fastest growing cities in Tennessee, which has resulted in an ever-increasing number of cars on the road, and unfortunately, more car accidents. Car accidents can occur on any road, but tend to happen more frequently on certain roads, such as highways. Interstate 24 and State Route 266, also known as the Sam Ridley Parkway, are frequent sites of accidents in Smyrna. State Routes 1 and 102 experience a fair amount of accidents as well. Most accidents can be avoided, and crashes generally do not occur unless one or more drivers are behaving in a negligent manner, such as texting while driving. If you were injured or sustained property damage in a vehicle collision you may be able to recover compensation. Eric Beasley is an experienced Smyrna car accident lawyer who can answer any questions you may have about your legal rights and options, and assist you in your pursuit of damages.Time Limitations Under Tennessee Law
If you were involved in a car accident in Smyrna it is important to learn about your legal rights as soon as possible to prevent you from waiving your right to seek compensation. The laws of Tennessee impose strict timelines as to when lawsuits may be filed. Any lawsuit seeking damages for injuries suffered due to an accident must be filed within one year of the accident. If you only sustained property damage, you have three years from the date of the accident to file a lawsuit. The law also requires you to file a report with the Department of Safety regarding any property damage over $400.00 or injuries suffered due to an accident, within twenty days of the accident. A skilled car accident attorney serving Smyrna can help you comply with the necessary deadlines if you take action promptly following a collision.Proving Liability Under Tennessee Law
Tennessee law affords parties who suffer damages in a car accident the right to pursue damages from the party responsible for the accident. Generally, car accident lawsuits set forth a theory of negligence. To recover under a negligence claim you must show that the other party owed you a duty, he or she breached the duty, the breach caused you harm, and you sustained actual damages. In car accident cases, generally the duty imposed is to drive in a safe and reasonable manner. If the other driver received a traffic citation due to the accident, or was arrested for driving drunk, it can support the argument that his or her actions were unsafe and therefore, were a breach of the duty.
Damages commonly sought in a car accident case include the cost to repair any damaged property, and the cost of any treatment for any injuries sustained in the accident. If a person injured in a car accident cannot work following the accident, he or she may seek compensation for lost wages or loss of future earnings. Additionally, parties often seek damages for pain and suffering caused by their injuries. If the injured party was married at the time of the accident his or her spouse may be able to recover damages for loss of consortium. If you lost a loved one in a crash, you may be able to bring a wrongful death action to pursue funeral costs and the lost income the deceased party would have earned. A skilled Smyrna car accident lawyer can help you determine what kind of damages would be appropriate to seek in your case.Comparative Negligence in Tennessee
In some cases, there may be more than one cause that contributed to an accident. A common defense in car accident cases is that the injured party’s negligence caused the accident, and therefore, he or she should not be permitted to recover compensation. Tennessee operates under a modified comparative negligence law, however, which means that as long as the injured party’s fault in causing an accident is less than 50%, he or she may still be able to recover damages. Any negligence attributed to the injured party will reduce the amount of any damages he or she is awarded in an amount relative to the percentage of his or her fault. In other words, if the injured party is found to be 40% at fault for causing the accident, and a jury awards the injured party $100,000, the award will be reduced to $60,000.Consult an Experienced Car Accident Attorney in Smyrna
Even minor car accidents can result in financial, physical, and emotional damage. If you were injured, sustained property damage, or lost a loved one in a car accident in Smyrna, you can consult an injury lawyer to discuss whether you may be able to recover compensation. Eric Beasley is a seasoned car accident attorney who will work diligently to help you in your pursuit of damages. He can be contacted at (800) 431-2768 or via our online form to schedule a free consultation.